For general counsel, human resources leaders, and compliance officers at private employers and federal contractors, EEO-1 reporting now sits between unsettled federal requirements and expanding state and local demands.
Workforce demographic data remains central to both compliance and the defense of discrimination claims.
In a recent article published by Thompson Reuters Practical Law The Journal, the September 2026 GC Agenda round-up addressed EEO-1 reporting uncertainty. Leah Brownlee Taylor, Member of the Firm of Epstein Becker Green and counsel to employers on employment and civil rights litigation, workplace compliance, and risk management, and Rachel M. DiBenedetto, Associate of Epstein Becker Green and counsel to employers on employment litigation and disability and accommodation compliance, contributed to the discussion.
The article explains that current EEOC regulations still require private employers with 100 or more employees, and certain federal contractors, to file EEO-1 reports by September 30. The EEOC proposed a rule in July 2026 to remove the requirement. Because the rulemaking may take months and face legal challenges, the article cautioned that employers “should not assume federal reporting has ended.”
Even if federal reporting is eliminated, the article notes that jurisdictions including California, Colorado, Illinois, Massachusetts, and New York City require or will soon require demographic data collection. That data can also help employers defend against disparate impact, pay equity, and class claims. Recommended steps include continuing to collect EEO-1 data, reviewing state and local obligations, restricting access to those with a legitimate need, and monitoring the EEOC proposal.
Get in Touch
To discuss how your organization should approach EEO-1 compliance and multi-jurisdiction demographic reporting while federal requirements remain unsettled, contact Leah Brownlee Taylor at ltaylor@ebglaw.com or Rachel DiBenedetto at rdibenedetto@ebglaw.com.
